Financial Services
Businesses in the financial services sector operate in a complex, high stakes environment, under regulatory scrutiny and with fierce competition for talent.
We work with clients to manage risk and protect and grow their businesses on a domestic and international scale. Our multi-disciplinary team encompasses specialists from our employment, dispute resolution, regulatory, intellectual property, banking and corporate practices.
We act for clients across the industry, from some of the largest global banking institutions and hedge funds, to asset managers, insurance companies, as well as acting for the senior executives who lead them.
We advise on the full spectrum of employment and immigration law, from day to day HR advisory, to team moves and restrictive covenants, including the theft of confidential information and trade secrets. We also work with clients to design and advise on partnership structures, executive remuneration and incentive schemes.
If matters become contentious, we have significant experience managing some of the most complex and high value disputes in the sector, with significant expertise in all aspects of injunctive relief, including springboard injunctions, as well as in managing disputes through mediation and arbitration.
Our corporate specialists act for leading financial institutions from a fund-raising and investment perspective, acting for both Venture Capitalists and banks and the companies in which they invest. This work includes fintechs and has an additional focus on the blockchain and crypto space. We also offer the full suite of commercial lending capabilities.
Our commercial and intellectual property team are actively involved in services arrangements for our firm’s clients (including outsourcing), together with addressing their data protection and workplace privacy requirements, including SARs. Our real estate group advises corporate occupiers on a wide range of areas including, investment, property finance, and transactional support as well as specialist advice covering planning, construction, dispute resolution and tax.
In this highly regulated sector, we advise a wide range of clients on financial services regulatory matters – both advisory and contentious. This includes: change in control and financial promotions advice on corporate matters; SMCR, fitness and propriety, remuneration, regulatory references, individual approvals and settlement agreements in employment matters; financial promotions advice for advertising intermediaries; payment services and e-money advice; and on contentious regulatory matters ranging from internal investigations to RDC and Upper Tribunal cases. We have a particular focus on the crypto sector, and advise on all aspects from corporate structuring and application of the UK MLRs 2017 to advertising and the regulatory perimeter. We work closely with our corporate, employment, IP, and immigration teams to provide a seamless service for startups in this space.
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Cabinet Office publishes report on the National Security and Investment Act 2021 regime
30 September 2024On 10 September 2024 the Cabinet Office published the National Security and Investment Act 2021: Annual Report 2023-2024 (“Report”) on the operation of the regime laid down by the National Security and Investment Act 2021 (“NSIA”). This is the third annual report on the operation of the NSIA regime covering the year from 1 April 2023 to 31 March 2024 (“reporting period”).
Lewis Silkin has advised Novate Global Markets Limited on a restructuring and management buy-out
10 September 2024Lewis Silkin has acted for Novate Global Markets Limited (formerly, Mitsubishi UFJ Trust International Limited) on a restructuring and management buy-out involving its Tokyo-based former owner, Mitsubishi UFJ Trust and Banking Corporation (MUTB).
National Security and Investment Act: Government confirms updates in response to call for evidence
15 May 2024In November 2023 the government published a Call for Evidence on the impact of the National Security and Investment Act 2021 (NSI Act). It has now provided a response which summarises the key issues flagged and sets out the next steps that the government proposes to take.
Pendulum swings back in favour of SMEs and the economy. Investors beware.
21 March 2024The ups and downs of the thresholds for being a high-net-worth investor or self-certified sophisticated investor
How would you like your justice served?... ...well done (outcome following full due process), medium, or rare (trial by media)
19 March 2024The FCA has recently committed to carrying out enforcement cases more quickly as it seeks to increase the deterrent impact of its enforcement actions.
New year new standards: will regulated individuals in financial services need to be “paragons of virtue”?
12 December 2023The Financial Conduct Authority (“FCA”) and Prudential Regulation Authority (“PRA”) are looking to re-emphasise the regulators’ position that non-financial misconduct is misconduct for regulatory purposes. On the agenda by Lewis Silkin, we discuss the fitness and propriety and conduct rules requirements, as well as the forthcoming guidance ahead of the consultation closing date on 18 December.
The National Security and Investment Act 2021: will it lead to greater certainty and lower burdens for businesses?
07 December 2023Since the National Security and Investment Act (the NSI Act) came into force on 4 January 2022, one of the criticisms levelled at the legislation has been its broad scope and ambiguity over whether a transaction might be captured by the mandatory notification regime or voluntary notification regime.